1. Type Of Information Collected
In addition, we may use a service that collects data remotely by using so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") embedded in the Site's content. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors' hard drives. This information is AA Information.
3. Our Use of Your Information.
Personal Information: We will use your Personal Information for the purposes for which it was provided. For example, if you provide Personal Information to register for a newsletter or a text messaging service, to enter a contest or a sweepstake, or to purchase goods or services, we will use it to register you for or provide you with those goods or services. We may also use your Personal Informaiton to provide you with information about features, services and other offerings that may be of interest to you. We also may send information or offers to selected groups of Site users on behalf of other businesses. When we do this, we do not give those businesses your name or address. Under certain circumstances (for example if you win a contest) we may post your Personal Information on the Site. We will notify you of this possibility when you provide the Personal Information and if possible, when the Personal Information is posted.
Cookies and similar tools may be used to relate your use of the Site and AA Information to Personal Information obtained from you. If any AA Information is linked with Personal Information, the linked AA Information will then be treated as Personal Information.
AA Information: We may also use Personal Information a in aggregate form for purposes of research or analysis. In order to better understand and serve the users of the Site and Additional Services, Universal Sports often conducts research on its customer demographics, interests and behavior based on Personal Information we gather. Although this aggregated data may be based in part on Personal Information, it does not identify you personally. Universal Sports may share this type of AA Information with a variety of third parties, including its affiliates, agents, and current and prospective business partners.
We may use AA Information collected from the Site for site administration, advertising and promotional purposes, and we may share such information with various affiliated and unaffiliated entities for such purposes. For example, IP addresses are used for the purposes of system administration and to provide AA Information to advertisers about the volume of use on the Site, and Clickstream Data and demographic AA Information may be shared with our advertisers and business partners. We may also enter into agreements with outside companies that possess technology that allows the Site to customize the advertising and marketing messages you receive on the Site. This data (including Clickstream Data about your activities on our Site) may be shared with these companies for this purpose.
4. Disclosure of Personal Information:
Disclosure to Affiliates: We reserve the right to share Personal information with our affiliates and partners. If you do not want us to share your Personal Information with our affiliated companies and partners for their marketing purposes, you may opt-out of such sharing by contacting us at email@example.com.
Disclosure to Third Parties: Universal Sports, like many businesses, sometimes hires other companies to perform certain business-related functions on our behalf such as hosting specific portions of the Site, maintaining databases, administering contests, providing wireless services, mailing information, fulfilling orders and processing payments. When we employ a third party to perform these functions, that third party will only be provided with the particular Personal Information it needs to perform its function, and is required to protect the Personal Information. With your consent, we may also share Personal Information with pre-screened third parties for their marketing or promotional purposes. We will provide you with an opportunity to elect or decline these services or opportunities. In the event you have elected to "unsubscribe" from any of our services, we will share your Personal Information with third parties with whom we jointly offer such services solely to the extent necessary to ensure that your request not to receive such communications is honored. In addition, for third-party sponsored sweepstakes, contests or promotions, we may request Personal Information from you that may be shared with the sponsor upon request.
Disclosure to Others: In addition, we may disclose Personal Information without providing you with a choice under the following limited circumstances to: (1) protect the legal rights, privacy or safety of Universal Sports or its subsidiaries, affiliates or its or their employees, agents and contractors; (2) protect the safety and security of visitors to our web sites or other properties; (3) protect against fraud or other illegal activity or for risk management purposes; (4) respond to inquiries or requests from public authorities; (5) permit us to pursue available remedies or limit the damages that we may sustain; (6) enforce our Terms of Service; or (7) comply with the law or legal process.
5. Third-Party Advertising and Links to Other Sites:
6. Changing or Deleting Personal Information
You can use the Universal Sports site without providing any Personal Information, but if you decline to provide Personal Information, you may not be able to use certain services or features. If you have previously provided Personal Information to the Site and have subscribed to one or more email newsletters or are receiving emails or other communications from the Site and you do not want to receive such emails, please discontinue your subscriptions by selecting the "unsubscribe" link at the bottom of any message, visiting the Unsubscribe section of the Site or contacting us at: firstname.lastname@example.org. You may opt-out of receiving offers from us by adjusting your Site preferences at our unsubscribe link on this page. If you ask that we stop using your Personal Information, we will honor that request. However we will retain records of your Personal Information as needed in order to comply with applicable federal, state, or local law.
7. Children Under the Age of 13
Universal Sports does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for Universal Sports or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any Personal Information to or on Universal Sports. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible.
8. Message Boards, Chat Rooms, Blogs and Other User Forums:
Please remember that information posted to message boards, chat rooms, blogs and other user forums becomes public information. Use caution when posting. Individuals under the age of 18 should be especially careful not to provide any personally identifiable information when participating in any area of the Site where postings might become public. Please see our Terms of Service for the standards of behavior that must be followed when using these portions of the Site or Additional Services.
9. Data Security Disclaimer:
Universal Sports uses security precautions consistent with industry standards to secure the Personal Information that you choose to provide against the loss, misuse, alteration or unauthorized access of such information. Unfortunately, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Universal Sports to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Information, we cannot ensure or warrant the security of any Personal Information you transmit to us. Any such transmission is done at your own risk. If you believe that your interaction with us is no longer secure, please notify us of the problem by contacting us at email@example.com.
11. Applicable Law:
We control and operate this Site from the United States. The Site is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Please note that we do not represent or warrant that the Site is appropriate for use in any particular jurisdiction. Those who choose to access the Site do so at their own initiative and are responsible for complying with all local laws, rules and regulations.
California Privacy Rights. California Civil Code Section 1798.83 permits customers of the Universal Sports who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org write us at the address listed below.
13. Contacting Universal Sports Regarding Your Privacy:
Two Dole Drive
Westlake Village, CA 91362
* * *
1. Restrictions on Use
Universal Sports may, in its sole discretion, discontinue, alter or limit the availability of any aspect of the Service and the Site, including, but not limited to:
i. restricting the time of availability;
ii. restricting the availability and/or scope of the Service or restricting the availability of certain content to certain platforms or to certain users;
iii. restricting the amount of use permitted; and
iv. restricting or terminating any user's right to use all or part of the Service, at any time in Universal Sports' sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. You certify that you are an individual (i.e., not a corporation). The Service is owned and operated by Universal Sports and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by Universal Sports and other sources. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Service, including but not limited to code and software ("Material").
2. Membership Rules and Guidelines
a. Registration and Authentication
b. Your Account
1. Should Universal Sports provide to you a password that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Universal Sports of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Service at the end of each session to prevent fraud on your account by third parties.
Universal Sports may choose to send you e-mail newsletters or alerts on a variety of topics or you may register to receive emails on various topics, for example following particular sports or athletes. You may elect during registration not to receive e-mail newsletters, and you may start or stop receiving such e-mail newsletters or alerts at any time by sending an e-mail to an address that shall be designated for that purpose, as may be detailed in such e-mail communications. With your permission, Universal Sports may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may elect during registration to receive these e-mails, and you may start or stop receiving such e-mails at any time by sending an e-mail to an account that shall be designated for that purpose as may be detailed in such email communications.
d. Rules for Use of the Service
1. Conduct Required for Use of the Service
It is a condition of your use of the Service that you do not:
i. restrict or inhibit any other user from using and enjoying the Service;
ii. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any images or other material depicting Nudity (as herein defined) and as determined by Universal Sports in its sole discretion;
iii. post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments as determined by Universal Sports in its sole discretion, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms or trojan horses;
iv. post or transmit any information, software or other material that is fraudulent or violates or infringes the rights of others, including, without limitation, material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder, including, but not limited to WAREZ (copyrighted material distributed without permission);
v. post or transmit any information, software or other material that contains a virus or other harmful component;
vi. post or transmit content that encourages or provides instructional activities about illegal and/or prohibited activities, including, but without limitation, hacking, cracking, phreaking, executing hidden code to gain extra points, playing a game multiple times when the rules clearly state that is not allowed;
vii. post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "spam," or "chain letters";
viii. solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
ix. impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
x. create multiple "clone" accounts solely with the intention of voting for yourself multiple times on tasks and/or polls;
xi. resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database;
xiii. disguise a file type to thwart Universal Sports' detection processes;
xiv. post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
xv. submit to the Live Directory multiple web sites with different URLs that re-direct a user to one web page;
xvi. submit to Live Directory more than one URL for a single category;
xvii. update Live Directory listings with intent to distort or misrepresent them, including but not limited to changing titles of the entries, descriptions of the entries, URLs, or keywords, or
xviii. attempt to gain unauthorized access to other computer systems or networks connected to the Service.
For the purposes of this Agreement, "Nudity" shall include, without limitation, images depicting persons with unclothed genitalia or persons wearing transparent clothing over genitalia and shall be determined in Universal Sports' sole discretion. You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Universal Sport, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any material in connection with any site or other use that contains or is associated with information or content prohibited by this section.
By uploading files, inputting data, or engaging in any other form of communication (a "Communication") through the Service you are granting Universal Sports a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of Universal Sports.
g. Personal Safety.
When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know.
3. User Content
The term "User Content" shall include any materials or information submitted by you, including, without limitation, your name, likeness, videos, photographs, recordings, writings, statements, audio materials, audiovisual materials, ideas or other material furnished by you to Universal Sports through the website or otherwise.
ORIGINALITY; RIGHTS: Any User Content that you post or upload on this site must be either (a) an original work by you that does not copy or use other works (such as dialogue from plays, recordings of musical works or clips from other videos, television programs or motion pictures) or (b) User Content for which you have all rights and permissions necessary to grant the rights hereunder. In addition, your User Content must not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or any contractual rights. Before posting User Content, you must have all the rights, licenses, permissions and consents necessary to submit the User Content and to grant all of the rights that you have granted to Universal Sports under these Terms of Service. Before you post User Content, you must have the express consent of everyone who appears in the User Content to submit the User Content for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child's parent or legal guardian.
RIGHTS IN CONTENT: By uploading or inputting User Content to Universal Sports you hereby acknowledge and agree that you are granting Universal Sports, including without limitation its licensees, successors and assigns, the perpetual and irrevocable, non-exclusive right and license to: (a) use, copy, create derivative works from, reproduce, distribute, display, exhibit, host, cache, store, archive, index, categorize, comment on, tag, transmit, broadcast, stream, edit, alter, modify, synchronize with visual material, create algorithms based thereon, and transcode the User Content to appropriate media formats, standards or mediums; and (b) otherwise use, exhibit and exploit, and sell, license, assign and otherwise transfer to third parties the right to use, exhibit and otherwise exploit the User Content (in whole or in part and as altered by Universal Sports in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter devised, including, without limitation, on the Universal Sports television network, and on all owned and affiliated broadcast and cable networks, as well as in connection with any distribution or syndication arrangement with third parties or third party sites, in any media format or medium and through any media channels and for any purpose, including, without limitation, downloads, streams, in audio visual recordings, motion pictures, television programs, productions, advertising, promotion and publicity, including, without limitation, advertising, promotion and publicity for, Universal Sports and other websites, television channel(s) and its programming, and all owned and affiliated broadcast and cable networks and channels and their programming, all without further notice to, consent from or payment to you. You waive any and all "moral rights" you may have in the User Content.
Without in any way limiting the foregoing, you acknowledge and agree that Universal Sports, its licensees, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to Universal Sports under this Agreement, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that Universal Sports, its licensees, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in this Agreement obligates or may be deemed to obligate Universal Sports or any other person or entity to exercise any of the rights granted by you under this Agreement. Universal Sports and their successors, licensees and assigns, will have the unlimited right to assign this Agreement and the rights granted by you under this Agreement at any time, in whole or in part, to any party.
You grant the rights hereunder whether or not your User Content or any part thereof is actually used by Universal Sports. You acknowledge that your consideration for the rights you grant in your User Content is the possibility that Universal Sports its licensees, successors and/or assigns will review or use your User Content. You will not receive any further compensation of any kind for your User Content or the use thereof, and you agree that Universal Sports, its licensees, successors and/or assigns in their sole discretion, shall have the right to give you no credit or determine in what form to give you credit for any use of your User Content. Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between Universal Sports and/or any other person or entity, on the one hand, and you, on the other hand.
In addition to all of the legal and equitable rights and remedies available to Universal Sports in connection with these terms or your User Content, you acknowledge and agree that Universal Sports shall have the right, in its sole discretion, not to post the User Content on any website, to remove the User Content from any website on which it has been posted, and not to use, exhibit or otherwise exploit your User Content in any manner whatsoever. Furthermore, Universal Sports shall have the right to suspend or terminate your access to any Universal Sports or related websites and refuse to grant you access to use any Universal Sports or related website in the future with or without warning if Universal Sports, in its sole discretion, believes you have: (i) violated or tried to violate the rights of Universal Sports; or (ii) violated or tried to violate any of the representations, warranties or other terms or conditions of this Agreement; or (iii) acted inconsistently with any of the terms or conditions of this Agreement. Universal Sports has no obligation to inform you of any decision not to post, to remove, or not to use, exhibit or otherwise exploit your User Content.
You recognize that other persons, including Universal Sports own employees, may have submitted to Universal Sports or others, or made public, or may in the future originate and submit, or make public, materials that are similar or identical to your User Content. You acknowledge and agree that Universal Sports, its licensees, successors and/or assigns shall have the right to use such similar or identical materials, and that you will not be entitled to any compensation because of Universal Sports or its licensees', successors' and/or assigns' use of such similar or identical materials. Nothing in this Agreement, or your submission of the User Content, shall be deemed to place you in any different position from any other member of the public.
USE OF NAME AND LIKENESS: By sending Universal Sports your User Content, you consent to the recording, use and reuse by Universal Sports, their licensees, successors and assigns, of your voice, actions, likeness, name, appearance, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, "Personal Elements"), as edited, altered, fictionalized or modified by Universal Sports, in their sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with Universal Sports' website, or related websites, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity. You acknowledge and agree that Universal Sports and their licensees, successors and assigns, may use all or any part of your Personal Elements, and may make any changes that any of them may deem necessary, in their sole discretion, including altering, fictionalizing or modifying them regardless of whether or not you are recognizable.
OWNERSHIP: Except as expressly set forth in this Agreement, you shall continue to own all rights in and to the User Content. To the extent your User Content contains other materials or elements owned by Universal Sports or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws.
4. Content on the Service.
Communications and User Content posted through the Service are provided by users such as you who are unaffiliated with Universal Sports, and the user providing each such Communication or User Content is solely responsible for the content thereof. This means that you, and not Universal Sports, are entirely responsible for all User Content and Communications that you upload, post, email or otherwise transmit via the Service. In using the Service or receiving e-mail messages from members through the Service, you should not assume that such messages have been reviewed by Universal Sports, that such Communications contain correct information, or that the persons posting such User Content and Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to User Content and Communications that are offensive, indecent, or objectionable. Under no circumstances will Universal Sports be liable in any way for any communication, including, but not limited to, liability for any errors or omissions in any User Content or Communication, or for any loss or damage of any kind incurred as a result of the use of any User Content or Communication posted, e-mailed, or otherwise transmitted via the Service.
5. Rules for Chat rooms, Message Boards, and Other User-Supplied Material
Portions of this Site provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). Postings do not reflect the views of Universal Sports and Universal Sports does not have any obligation to monitor, edit or screen any Postings, but may do so in its sole discretion. Notwithstanding anything else in these Rules of Conduct or Universal Sports should not be seen as endorsing any Post in any way. Neither Universal Sports nor its respective officers, directors, and employees, partners and/or affiliates shall be liable for any Posting that is in violation of this Agreement.
If a Posting originates from you or your account, you hereby agree not to post any materials that
a. interfere with anyone else's use of the Site;
b. are abusive, illegal, defamatory, libelous, indecent, obscene, offensive, or threatening in any way;
c. encourage anyone to break the law;
d. violate anyone's copyright, trademark or other property right;
e. interfere with the privacy of any other user;
f. contain a virus or any other harmful component; or
g. contain false or misleading statements of fact or descriptions of the origin of the material or the Communication. You agree to comply with any additional terms which are referred to on this Site or any subsite within the website.
The message boards provided on Universal Sports are for the purpose of exchanging views and information about sports and related television programming. Universal Sports reserves the right to terminate the account or suspend the posting privileges of anyone who Posts materials unrelated to these topics.
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although Universal Sports may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like, Universal Sports is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. Universal Sports may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate Universal Sports' policies in any way. Further, Universal Sports reserves the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so. Universal Sports will fully cooperate with any law enforcement authorities or court order requesting or directing Universal Sports to disclose the identity of anyone posting such materials.
Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement, please click here to send us a message about it. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Universal Sports will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service.
Universal Sports is not responsible for any incorrect or inaccurate User Content or other content posted on the Service or in connection with Universal Sports' Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on Universal Sports may contain links to other websites. Universal Sports is not responsible for the content, accuracy or opinions expressed on the Service, and Universal Sports has in no way investigated, monitored or checked for accuracy or completeness. Inclusion of any linked website on Universal Sports does not imply approval or endorsement of the linked website. When you access these third-party sites, you do so at your own risk. Universal Sports takes no responsibility for third party advertisements which are posted on or through Universal Sports or through Services, nor does it take any responsibility for the goods or services provided by its advertisers. Universal Sports is not responsible for the conduct, whether online or offline, of any User of Universal Sports or the Services provided through the site. Universal Sports assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Universal Sports is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Universal Sports be responsible for any loss or damage, including personal injury or death, resulting from use of the Universal Sports' Services, attendance at a Universal Sports event, from any User Content or other content posted on or through Universal Sports, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Universal Sports expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Universal Sports cannot guarantee and does not promise any specific results from use of the Services.
8. Limitation on Liability. IN NO EVENT SHALL UNIVERSAL SPORTS OR ITS AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, UNIVERSAL SPORTS' REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF UNIVERSAL SPORTS OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT UNIVERSAL SPORTS, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
You agree to defend, indemnify and hold harmless Universal Sports, its affiliates, licensors and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any breach of any of the representation, warranties or other terms or conditions or any use of your User Content or Personal Elements (d) any non-compliance by you with the terms and conditions of this Agreement; and (e) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service or your Content to the Service, including the information obtained through the Service.
Universal Sports may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to by Universal Sports of your intent to terminate this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Universal Sport may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to Universal Sports and its licensors.
All trademarks, service marks and trade names used on the Service are the property of their Universal Sports and/or their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Universal Sports or the owner of such trademark, service mark or trade name, except as explicitly permitted under this Agreement.
13. Child Online Protection Act Notification
14. Infringement Policy
Universal Sports, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Universal Sports accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Universal Sports has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Universal Sports in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
Attn: DMCA Agent
Two Dole Drive
Westlake Village, CA 91362
By e-mail: email@example.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Universal Sports reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
16. Export Control
Information unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote Universal Sports' Services and other products available in the United States, its territories, possessions and protectorates. The Service is controlled and operated by Universal Sports from its offices within the state of California, United States of America. Universal Sports makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Service is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles, California, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by Universal Sports to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Universal Sports. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
18. MEDIATION/ARBITRATION: PLEASE READ CAREFULLY. UNDER THIS SECTION 8, YOU ARE GIVING UP YOUR LEGAL RIGHTS TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT OR YOUR SUBMISSION.
IF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE BREACH OF ANY TERM HEREOF OR YOUR SUBMISSION CANNOT BE SETTLED THROUGH DIRECT DISCUSSIONS, THE PARTIES AGREE TO ENDEAVOR FIRST TO SETTLE THE CONTROVERSY OR CLAIM BY MEDIATION CONDUCTED IN THE COUNTY OF LOS ANGELES AND ADMINISTERED BY JAMS UNDER ITS APPLICABLE RULES, BEFORE COMMENCING ANY PROCEEDINGS PERMITTED UNDER THIS PARAGRAPH. IF ANY CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, AS SET FORTH ABOVE, THEN THE PARTIES AGREE THAT IT SHALL BE RESOLVED BY BINDING ARBITRATION CONDUCTED IN THE COUNTY OF LOS ANGELES, AND ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF, INCLUDING THE OPTIONAL APPEAL PROCEDURE (THE "JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE AN ARBITRATOR EXPERIENCED IN THE ENTERTAINMENT INDUSTRY AND LICENSED TO PRACTICE LAW IN CALIFORNIA OR A RETIRED JUDGE. ANY APPELLATE PANEL SHALL CONSIST OF THREE NEUTRAL MEMBERS, SUBJECT TO THE FOREGOING REQUIREMENTS. ALL ARBITRATION PROCEEDINGS, INCLUDING DOCUMENTS FILED IN THE COURSE OF SUCH PROCEEDINGS, AND THE FACT THAT THE ARBITRATION IS BEING CONDUCTED, SHALL BE CONFIDENTIAL. THE ARBITRATOR'S DECISION SHALL BE CONTROLLED BY THE TERMS OF THIS AGREEMENT. UPON CONCLUSION OF ANY ARBITRATION PROCEEDINGS HEREUNDER, THE ARBITRATOR SHALL RENDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND A WRITTEN OPINION SETTING FORTH THE BASIS AND REASONS FOR ANY DECISION HE OR SHE HAS REACHED AND SHALL DELIVER SUCH DOCUMENTS TO EACH PARTY TO THE AGREEMENT ALONG WITH A SIGNED COPY OF THE AWARD. ANY JUDGMENT UPON AN AWARD RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY STATE OR FEDERAL COURT IN THE COUNTY OF LOS ANGELES, CALIFORNIA HAVING JURISDICTION OF THE SUBJECT MATTER HEREOF. YOU MAY COMMENCE AN ACTION AT LAW FOR THE SOLE PURPOSE OF ENFORCING AN ARBITRATION AWARD. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IN NO EVENT SHALL YOU HAVE ANY RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST UNIVERSAL SPORTS, OR AFFILIATED COMPANIES, ITS LICENSEES, SUCCESSOR OR ASSIGNS, OR ANY OTHER PARTY ARISING OUT OF ANY USE OR NON-USE OF THE SUBMISSION. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT UNIVERSAL SPORTS MAY NONETHELESS (1) SEEK TO OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THIS AGREEMENT, AND (2) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH JURISDICTION. YOU MUST COMMENCE A FORMAL ARBITRATION PROCEEDING PURSUANT TO THIS AGREEMENT WITHIN SIX MONTHS AFTER THE DATE ANY SUCH CLAIM ARISES; FAILURE TO DO SO WITHIN THAT SIX-MONTH PERIOD SHALL BE DEEMED AN IRREVOCABLE WAIVER OF ANY RIGHTS YOU MIGHT HAVE PURSUANT TO THIS AGREEMENT WITH RESPECT TO ANY CLAIM AGAINST YOU.
19. Member Disputes
You are solely responsible for any interaction with other members or visitors to Universal Sports, and the site reserves the right but shall have no obligation to monitor disputes between you and any other member of Universal Sports.
20. Notice for California Users
Under California Civil Code Section 1789.3, California users of Universal Sports are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210
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